Courts like to keep their process running smooth. Indeed, given how overwhelmed most courts are with cases, it’s imperative. The consequences for missing a court deadline can be strict and severe. Some are even required by statute. In other situations, your lawyer may be able to fix their mistake. Could you lose your case because [...]
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The days and months after suffering an injury due to the fault of another can be difficult on not only your physical health but also your financial well being. This is especially true if you are unable to get back to work due to the harm. Thankfully, Louisiana allows for recovery from the wrongdoer. Although [...]
Understanding the Limitations to Louisiana’s No Pay, No Play Law When a victim is injured in an auto accident, there may be an assumption that they have a right to recovery for those injuries. What many drivers in Louisiana do not realize is that a victim’s right to compensation for their injuries in an auto [...]
During the Holiday Season, we all become consumers as we purchase gifts for our loved ones. A consumer is any person who uses, purchases, or leases goods or services. Even in the “Most Wonderful Time of the Year” it’s important to be wary of scams and deceptive business practices. Here are some quick tips [...]
TROPICAL STORM OLGA’S STRONG WINDS AND RAIN WREAK HAVOC IN LOUISIANA Louisianans, once again, endured nature’s wrath as Tropical Storm Olga moved across the Gulf Coast on October 25 and 26. The heavy rains and wind gusts left many without electricity—some estimating that number to be 80,000—as down power lines and wind-blown trees caused [...]
Louisiana's Supreme Court Speaks: Prescription and First Party Bad Faith Insurance Claims How long do you have to bring a bad faith claim against your insurance company? Is it the one-year period applicable to tort claims or the 10-year period applicable to claims that sound in contract? For some time, Louisiana courts have [...]
Lomont Case Summary and Its Future Applicability Certain cases only have an impact on the parties involved, and then there are cases with widespread implications. The landmark Louisiana legal malpractice case Lomont v. Bennett falls squarely in the latter category. This case stems from the handling of divorce and related domestic matters. The client hired [...]
Where Should I Pursue My Legal Malpractice Claim? In law, where you file a lawsuit can be just as important as what you file within the lawsuit. This legal concept is called venue. Venue is the “where” consideration involved in a lawsuit. Venue is typically determined by who is bringing the action and [...]
Vicarious Liability: What Do You Do When An Employee’s Mistake Affects Your Case? Even when liability comes from the conduct of another person, an attorney’s liability also can include negligence for the hiring or supervision of that person. This is where the concept of vicarious liability comes into play. The most common instance where vicarious [...]
Legal Malpractice Defenses When filing a legal malpractice claim against an attorney,be prepared for the attorney (and insurer) to fight back. Under Louisiana law, you must file suit within three years of the lawyer’s alleged act of malpractice, and within one year of actual or constructive knowledge of that malpractice. One of the most common [...]